Legal Question in Family Law in Maryland

Re: Child Support, to whom paid

Your son would benefit from having a court order establishing child support based on the child support guidelines. Then, if he wants to pay more than the law requires, he can do so, but any extra payments will be his own option. He should inquire at his local circuit court about how to file for a determination of child support. It is possible, based on the facts you have presented, that the mother may be the one who should pay child support. Child support is based on the incomes of both parents and the amount of time the child spends with each parent (or with some other person, yourself, acting as a child care provider for a parent). If the mother is employed, and your grandson is spending 50% of the time with your son and/or you, the mother may be required to pay support. In any case, unless your son is an unusually highly paid 25 year old, the mother would not be entitled to very much in child support when she has the child no more than half of the time. She has no right to demand back support for the time the chid was with you, since there is currently no child support order. No court can order child support for periods preceding the time at which a parent files for support. As for the question about credit for money spent for food, clothing, etc. while the child is with your son, neither parent can claim credit against support obligations for such expenditures. A non-custodial parent who has been ordered to pay support is also expected to feed the child and provide for his needs during visitation, but unless he wants to, he should not buy clothing. That should be provided by the custodial parent who is receiving support. That's one of the things child support is for. One more thing: he should always keep receipts, cancelled checks or some other record, of child support payments he makes.

Re: Child Support, to whom paid

You have asked alot of questions, I suggest you search the BBS for answers that fit your situation to further define your issues.

First, the mother is not entitled to back payments unless there is a court order for support. Since you indicated there is no such order, she is not legally entitled to back payments for support.

Child support is determined in accordance with a formula. This formula takes into account the time that each parent cares for the child. Maryland's formula is based on an income shared method, thus the parent that makes more pays more in support. If a parent is not employed or underemployed, then that parent's reasonable wages can be imputed. The formula takes into account what a parent would pay to care for a child. The formula has within it many of the considerations that you raise.

You should, at a minimum, memorialize any agreements in writing. But what should really be considered is that your son should file for full custody.

Contact an attorney to discuss the many specifics that apply to your case. Child custody is based on the "best interest of the child" with numerous "factors" being set forth by the court for analysis under this standard.